Nestle UK Ltd v. Johnson [2001] UKEAT 1327_00_1206 (12 June 2001)

Nestle UK Ltd v. Johnson [2001] UKEAT 1327_00_1206 (12 June 2001)

Given the findings of fact and the legal context, there is sufficient uncertainty as to whether the correct legal tests were applied by the Tribunal, justifying a full hearing before the Employment Appeal Tribunal.

Citation
[2001] UKEAT 1327_00_1206
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
12 June 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter permitted to proceed to full hearing before the Employment Appeal Tribunal.
Legal Topics
Fixed Term Contracts, Temporary Cessation of Work, Continuity of Employment
Employment Law Fixed Term Contracts Temporary Cessation of Work Continuity of Employment

Case Brief

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test regarding continuity of employment in cases involving fixed term contracts and temporary cessation of work.

Ratio Decidendi

Given the findings of fact and the legal context, there is sufficient uncertainty as to whether the correct legal tests were applied by the Tribunal, justifying a full hearing before the Employment Appeal Tribunal.

Court Disposition

Matter permitted to proceed to full hearing before the Employment Appeal Tribunal.

Orders

  • Case to be listed for 1 day in Category C.
  • Skeleton arguments to be furnished not less than 14 days before the hearing.